Insured ordered to repay $10,847.17 in income replacement benefits due to wilful misrepresentation of self-employment income.
The applicant insurer sought repayment of $10,847.17 in income replacement benefits (IRBs) paid to the respondent, alleging the respondent wilfully misrepresented his employment status by failing to report income earned as a delivery driver while receiving IRBs.
The respondent argued he was unaware of the requirement to report part-time self-employment income and claimed financial hardship.
The Tribunal found the respondent wilfully misrepresented his income and ordered repayment of the overpaid IRBs plus interest.
The Tribunal declined to award costs to the applicant, finding the respondent's conduct did not meet the threshold of being unreasonable, frivolous, vexatious, or in bad faith.
OLATOntario Licence Appeal TribunalJan 16, 2024